• Unpreventable Employee Misconduct

    BY: Carl Habekost, Esq.
    Employers have a defense to an OSHA citation when the violation of a safety regulation was due to unpreventable employee misconduct.  There are four elements to the unpreventable employee misconduct defense that must be proven to vacate a citation.

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  • Fall Protection in the Roofing and Construction Industry

    BY: Carl Habekost, Esq.
    The duty to have fall protection in the construction industry (OSHA section 1926.501) regularly tops the list of the most frequently cited OSHA standards.  But fall protection, although of paramount importance, is not the only requirement for roofing and construction companies in developing an effective safety program. In 2016, OSHA published “Recommended Practices for Safety and Health Programs in Construction.

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  • The U.S. Department of Labor Announced The Final Overtime Rule

    On September 24, 2019, the Department of Labor (DOL) announced a final rule increasing the salary threshold for the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements.  The final rule raises the “standard salary level” from $455 per week to $684 per week (equivalent to $35,568 per year). Further, the total annual compensation level for highly compensated employees is raised from $100,000 to $107,432 per year.

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  • NLRB Seeks Feedback on Whether Profane and Offensive Language is Protected by Federal Labor Law

    The National Labor Relations Board (NLRB) is inviting businesses to weigh in on the issue of whether federal labor law protects employee’s who use profane outburst and offensive statements at work.

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  • Sharon Fast Gustafson Becomes General Counsel Of The EEOC

    On August 8, 2019, Sharon Fast Gustafson was sworn in as the General Counsel of the U.S. Equal Employment Opportunity Commission (EEOC). Serving a four-year term, Ms. Gustafson becomes the first woman to serve as General Counsel at the EEOC. Ms. Gustafson has practiced law in the labor and employment arena since she earned her J.D. from Georgetown University Law Center. Ms. Gustafson served as counsel for Peggy Young in the pregnancy discrimination case, Young v.

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  • OSHA 300A Form: Common Mistakes Employers MakeRead more


  • May 6-10 is the 6th Annual National Safety Stand-Down To Prevent Falls in ConstructionRead more

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